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Summary <br />The Review Process <br />Mining at the King Coal Mine first began in the late 1930's, and the mine was operated for a <br />number of years by Violet and John Smith. The site was permitted by National King Coal, Inc. in <br />March of 1982, and the permit has been renewed every five years since then. National King <br />Coal, Inc. reincorporated as National King Coal, LLC (NKC) in June, 1995. The mining permit <br />was transferred to GCC Energy, LLC (GCC) in April 2008. <br />The original King Coal Mine permit area consisted of 340 acres. The permit area was increased <br />by 60 acres with PR -01 in 1989; by 320 acres with PR -02 in 1990; by 193 acres with PR -03 in <br />1991; by 240 acres with PR -04 in 1994; by 260 acres with PR -05 on 1997; by 195 acres with <br />PR -06 in 1998; and by 320 acres with PR -07 in 2001. <br />Until 2006 the mining activities and permit area were confined to lands located south of La Plata <br />County Road 120, the site now referred to as the King I Mine. In 2006, Permit Revision No. 8 <br />(PR -08) was approved, creating the King 11 Mine portion of the operation on 730 acres located <br />north of the County Road and west of King 1. Each of the two mines has its own underground <br />workings and surface facilities, although the permitted areas are contiguous. The total combined <br />permit area is 2,658 acres, more or less. Permit No. C- 1981 -035 was most recently renewed on <br />August 19, 2007. <br />In a letter dated November 17, 2011, the Division notified GCC that the mine's five -year permit <br />term would expire on August 18, 2012. GCC submitted an application for Permit Renewal No. 6 <br />(RN -06) on February 14, 2012. The application was initially determined to be incomplete on <br />February 24, 2012. Supplemental information was submitted by GCC on February 28, 2012, and <br />the Division deemed the application to be complete for purposes of filing on that date. The <br />application was filed at least 180 days prior to permit expiration, thereby securing the right of <br />successive renewal provided by 2.08.5. <br />GCC's public notice of the renewal application was published in the Durango Herald on March <br />10, 17, 24 and 31, 2012. Proof of publication was submitted to the Division on July 26, 2012. <br />The Division distributed completeness notices in accordance with Rule 2.07.3(3)(b). Responses <br />were received from La Plata County, the State Historic Preservation Officer, and the Office of <br />the State Engineer (as discussed below). No other comments were received. <br />A letter from the La Plata County Director of Public Works was received on March 27, 2012. <br />The County is requiring the operator to obtain a Class 11 land use permit, including a traffic <br />impact study, in association with proposed modifications to BLM coal leases. No such items <br />were being required by the County for this current renewal of the mining permit. <br />A memorandum was received from the Division of Water Resources on March 28, 2012. The <br />memorandum stated that according to the local Water Commissioner, there are currently no <br />3 <br />